Agenda Item No. 7
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer FOR: City Council Meeting of February 28, 2022
SUBJECT: Agreement Amendment - SB 1 Local Partnership Program Grant Funding Agreement with City of Calimesa for the County Line Road Transportation Corridor Project
RECOMMENDATION:
That City Council review and approve the Amended and Restated Fair Share SB 1 Local Partnership Program Grant Funding Agreement for the County Line Road Corridor Improvement Project from Calimesa Boulevard to Bryant Street and authorize the City Manager to execute and administer the terms of the Amended Agreement.
BACKGROUND/DISCUSSION:
County Line Road is a major arterial road which borders both the City of Yucaipa and the City of Calimesa. The existing interchange at the Interstate 10 Freeway and County Line Road provides access to and from the freeway for the citizens and business community from both cities.
Existing development along County Line Road includes both residential and commercial land uses. County Line Road is utilized not only by vehicular traffic, but is also used by pedestrians and cyclists as well.
Vehicular traffic on County Line Road has continuously increased over the years and currently, the intersections between Calimesa Boulevard and Bryant Street are impacted during peak morning and evening commuting hours. Proposed commercial and residential developments currently being planned in both cities will further impact traffic along County Line Road.
On July 8, 2013, City Council approved the Citywide Miscellaneous Intersection Roundabout Study (Study) prepared by RBF Consulting. The Study identified strategic intersections (along arterial streets including Avenue E and County Line Road) in the City where vehicular traffic circulation would be improved and operate more efficiently in the long term with the construction of roundabouts. The Study also showed that single -lane and dual -lane roundabout intersections would improve operation and traffic flow along street segments between intersections along the arterial streets. As a result of the implementation of single and dual lane roundabout intersections into the City's General Plan Transportation Element, certain segments of the City's arterials would no longer require widening from two (2) lanes to four (4) lanes.
These intersection improvements reduce the need for street widening and significantly reduce the amount of right-of-way (and associated right-of-way costs) and street improvements required to accommodate future traffic conditions along these corridors, as well as reducing the impacts to existing homes along these arterial streets. Roundabout intersections introduce significant -39-
City Council Meeting of February 28, 2022
Agreement Amendment - SBI Local Partnership Program Grant Funding Agreement with City of Calimesa for the County Line Road Transportation Corridor Project
intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs.
In early 2017, discussions were held with the City of Calimesa regarding joint participation for the improvements on County Line Road. Those improvements between Bryant Street and Calimesa Boulevard make up the County Line Road Transportation Corridor Project (Project).
The Project is a multi -modal surface transportation enhancement project that addresses traffic congestion and safety while improving traffic circulation along County Line Road. The Project will construct roundabouts at five (5) intersections (5th Street, 3rd Street, 2nd Street, California Street, and Bryant Street) and will include street, pedestrian, and bicycle improvements.
The City of Yucaipa and City of Calimesa collaborated on grant applications to help fund the construction of the Project. The Cities successfully acquired grant funding from Caltrans' - Active Transportation Program (ATP) in the amount of $512,000 (Lead Agency - Yucaipa) for street improvements between California Street and 3rd Street; Air Quality Management District - Mobile Source Reduction Committee (MSRC) in the amount of $380,000 (Lead Agency - Yucaipa) for street improvements between Calimesa Blvd and 4th Street; and California Transportation Commission, Local Partnership Program (LPP) in the amount of $3,747,000 (Lead Agency - Calimesa) for the remaining segments of the Project. For the City of Yucaipa, Development Impact Fee (DIF), Pavement Management program (PMP), SBI and Measure I funds are being used as the local match for the grant funding.
Since both cities will mutually benefit from the Project, an agreement was prepared in order to identify the responsibility and funding commitments of both cities for the ATP, MSRC and LPP portions of the Project. On December 11, 2017, City Council approved a Fair Share Agreement between the City of Yucaipa and the City of Calimesa that delineated the obligations and funding responsibilities of the respective cities for the Project.
The ATP funded portion of the Project has been completed while the MSRC and LPP portions are planned to be constructed next. The City of Yucaipa has contracted with LAN Engineering to prepare the engineering and construction plans for the MSRC funded portion of the Project.
The City of Calimesa contracted with TKE Engineering to prepare the engineering and construction plans for the LPP portion of the Project. City of Yucaipa staff was involved in the design process and provided input as necessary.
In October of 2020 the City of Calimesa prepared a construction cost estimate for the Project in the amount of $7.5 million. Based on this estimate, at the October 26, 2020 Council Meeting, City Council approved a Fair Share Funding Agreement with the City of Calimesa for the $3,747,000 in LPP grant funds for the Project. The agreement identified the City of Yucaipa's share of the grant funding in the amount of $2,100,000 and the local match contribution for construction in the amount of $4,410,250 for a total City of Yucaipa contribution in the amount of $6,430,129 (including engineering design, environmental review and right of way acquisition costs) for the Project.
.m
City Council Meeting of February 28, 2022
Agreement Amendment - SBI Local Partnership Program Grant Funding Agreement with City of Calimesa for the County Line Road Transportation Corridor Project
In August of 2021, the City of Calimesa issued a notice inviting sealed bids for the Project. On August 24, 2021, two (2) bids were received in the amounts of $10,678,627 and $11,704,225.
The bids received were higher than the cost estimate prepared by the City of Calimesa and were attributable to the higher costs of construction and construction materials experienced over the last several years. On October 18, 2021, the City of Calimesa City Council rejected the bids received and directed their staff to "value engineer" the project, rescope the construction/construction staging and rebid the Project.
City of Yucaipa staff worked with the City of Calimesa's staff and consultant to review and rescope the project. The primary changes included, but were not limited to, asphalt pavement section redesign to utilize the existing asphalt to be removed for aggregate base, deleting the landscaping component of the project, deleting roundabout monumentation and signage, and modifying the required utility relocations to reduce their costs. In addition, South Mesa Water Company's (SMWC) utility relocation work, primarily located within the City of Calimesa's jurisdiction, was separated into its own bid schedule to facilitate removal from the Project scope if SMWC ultimately performs the work as part of their larger water line replacement project.
The Project was rebid by the City of Calimesa and on January 19, 2022, 5 sealed bids were received as follows:
Bidder
Bid Amount
Los Angeles Engineering, Inc.
$13,194,339.85
Christensen Brothers General Engineering, Inc.
$10,921,571.50
11 American Asphalt
$9,644,214.91
Hillcrest Contracting
$8,249,756.73
Roadway Engineering and Construction Corp.
$8,185,689.00
On February 7, 2022, the City of Calimesa City Council awarded a construction contract to Roadway Engineering and Construction Corporation in the amount of $8,185,689 and authorized the amounts of $818,569 and $880,000 for construction contract contingency and construction management/inspection/testing respectively for a total construction budget of $9,884,258.
The current approved Fair Share SBI Local Partnership Program Grant Funding Agreement reflects the "estimated" costs of the overall Project in the amount of $10,050,000. The proposed Amended and Restated Fair Share SBI Local Partnership Program Grant Funding Agreement (Amended Agreement) has been revised to reflect the "actual" total costs for all phases of the project (engineering design, environmental review and construction) in the amount of $13,600,000. The City of Calimesa City Council approved the Amended Agreement at their February 22, 2022 City Council Meeting.
FISCAL IMPACT:
As previously mentioned, the total actual cost of the overall project is in the amount of $13,600,000. The LPP Grant provides $3,747,000 in funding for the construction of the project.
The City of Calimesa's share of the cost is in the amount of $2,611,000 and the City of -41-
City Council Meeting of February 28, 2022
Agreement Amendment - SBI Local Partnership Program Grant Funding Agreement with City of Calimesa for the County Line Road Transportation Corridor Project
Yucaipa's share of the project is in the amount of $7,242,000. It is important to note the City of Yucaipa's share includes the cost in the amount of $2,120,000 for the roundabout improvements at the County Line Road and 51h Street intersection and the street improvements on both sides of a 350 foot long segment of County Line Road, which are both entirely within the City of Yucaipa's jurisdiction. Also included in the City of Yucaipa's share of the cost are the storm drain improvements along the north side of County Line Road between the intersections of Bryant Street and California Street. In addition, the City of Yucaipa's share includes the cost of the right of way required for the project, including the cost of three (3) full property acquisitions totaling $959,500. Staff will return to Council at a later date with a recommendation to dedicate the public right of way for the Project and the disposition/sale of the remainder properties, including a recommendation to return the proceeds of the sale of the properties to the Project budget.
The table below includes the available funding in the adopted FY2021/2021 Capital Improvement Program and costs to date for the overall Project.
Funding Sources
Amount
Traffic Facilities Fee Funds
$215,000
MSRC Grant
$380,000
Measure I Arterial Funds
$1,954,000
Measure I Advanced Expenditure Funds
$2,106,000
Pavement Management Program (PMP)
$200,000
S131
$685,000
SB1/LPP Grant
$1,986,000
Total Funding Available
$7,526,000
Estimated Costs
Project Design (MSRC & LPP Project)
Design Contract
$363,172
Design Contract Contingency
$55,862
Design Contract Administration/Staff Time/Grant Coord./Env. Review $250,716
Total Design Costs to Date
$669,750
Right -of -Way Acquisition
Right of Way Acquisition (Property & Improvements)
$1,795,259
Right of Way Acquisition Coordination/Staff Time
$89,650
Right of Way Legal Fees
$97,970
Proposed Estimated Right of Way Cost
$1,982,879
Total Estimated Costs to Date
$2,652,629
Balance Remaining
$4,873,371
-42-
City Council Meeting of February 28, 2022
Agreement Amendment - SBI Local Partnership Program Grant Funding Agreement with City of Calimesa for the County Line Road Transportation Corridor Project
As shown in the table above, the balance remaining in the Project budget is in the amount of $4,873,371. The proposed Amended Agreement identifies the City's local match contribution for the construction phase of the Project in the amount of $4,530,000. Therefore, there is sufficient funding available to accommodate staff's recommendations. The remaining balance (including the proceeds from the sale of the properties mentioned above) will be used to fund a portion of the final phase of the project which is primarily funded by MSRC grant funds. Other than the General Fund component of the PMP funds identified in the table above for the Project (less than 1% of the total funding), no other General Fund monies have been allocated to this project.
Attachments: Amended and Restated Fair Share SB 1 Local Partnership Program Grant Funding Agreement for the County Line Road Corridor Improvement Project Approved by:
-43-
AMENDED AND RESTATED FAIR SHARE AGREEMENT
COUNTY LINE ROAD CORRIDOR IMPROVEMENTS
PARK AVENUE TO BRYANT STREET
SB 12018 LOCAL PARTNERSHIP PROGRAM GRANT
This Amended and Restated Agreement is made and entered into this —day of , 2022, by the City of Calimesa, a California municipal corporation ("Calimesa") and the City of Yucaipa, a California municipal corporation ("Yucaipa").
WHEREAS, the Cities of Calimesa and Yucaipa (collectively referred to as the "Cities" or "Parties" and individually as "City" or "Party") recognize the need to construct improvements on County Line Road from Park Avenue to Bryant Street in order to improve operation and traffic flow through the intersections, and provide safe paths of travel for pedestrians and bicyclists; and WHEREAS, a critical component of these improvements includes various street improvements and upgrades from Park Avenue to Bryant Street which include the replacement of various intersections at County Line Road from signalized or 4 -way stop intersections to roundabout intersections; installation of sidewalks, Americans with Disabilities Act (ADA) curb ramps, bike lanes, and utility relocations; and associated street improvements including street widening and asphalt removal and replacements (hereafter referred to as the "Project", detailed in Section I below, and shown on Exhibit "A" attached hereto); and WHEREAS, the Cities of Calimesa and Yucaipa have received a SB 1 Local Partnership Program (LLP) Grant in the amount of $3,747,000 for the construction of said Project improvements; and
WHEREAS, the Cities of Yucaipa and Calimesa will mutually benefit from the Project in proportion to the work to be done in each City's jurisdiction, and agree to fund the outstanding Project costs not covered by this grant, as shown in Exhibit `B", attached hereto and incorporated herein.
WHEREAS, the Cities of Yucaipa and Calimesa entered into an Agreement titled "Fair Share Agreement County Line Road Corridor Improvements Calimesa Boulevard to Bryant Street" ("Prior Agreement") dated March 5, 2018, and an Agreement titled "Fair Share Agreement County Line Road Corridor Improvements Park Avenue to Bryant Street SB 1 Local Partnership Program Grant" dated November 2, 2020 that supplemented the Project Scope of Work and both cities Obligations with respect to said Prior "Agreement" and amended Exhibit B of said Prior "Agreement" to reflect estimated funding and cost sharing.
WHEREAS, the Cities of Yucaipa and Calimesa now desire to Amend and Restate the Agreement titled "Fair Share Agreement County Line Road Corridor Improvements Park Avenue to Bryant Street SB 1 Local Partnership Program Grant" to incorporate updated funding and cost sharing of the Cities based upon awarded bid as reflected on the Exhibit B attached herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed by the Cities as follows:
SECTION I. PROJECT SCOPE OF WORK
A. The Project Scope of Work shall include the design and construction of the following improvements on County Line Road:
• Park Avenue to 5th Street Intersection — Street widening and improvements between Park Avenue and west terminus of 5th Street Intersection, including ADA compliant sidewalks and curb ramps, asphalt pavement, center median, bike lanes, curb and gutter improvements, utility relocations, striping, markings, remove and replace (R&R) the existing asphalt and signage, and associated street improvements. • 5th Street Intersection — New two-lane roundabout to replace the current signalized intersection including right-of-way acquisition, curb and gutter, sidewalk, ADA curb ramps, utility relocations, bike lanes, striping, markings and signage, associated street improvements, and the extension of a new storm drain and connection to the existing Riverside County Flood Control Calimesa Creek Channel or proposed storm drain if it is constructed first. • 3rd Street, 2nd Street, California Street and Bryant Street Intersections — New roundabout intersections to replace the current four way stop intersections, between the terminus of lane tapers and connections to proposed and/or existing lane configurations, including right-of-way acquisition, curb and gutter, sidewalk, storm drain/drainage improvements, ADA curb ramps, utility relocations, asphalt pavement, bike lanes, striping, markings and signage, and associated street improvements.
• 5th Street East (Mid -Block) to 4th Street — Street improvements including curb and gutter, sidewalk, storm drain/drainage improvements, ADA curb ramps, utility relocations, asphalt pavement, bike lanes, striping, markings and signage, and associated street improvements.
• 4th Street to 3th Street — Street improvements including curb and gutter, sidewalk, storm drain/drainage improvements, ADA curb ramps, utility relocations, asphalt pavement, bike lanes, striping, markings and signage, and associated street improvements.
• California Street to Bryant Street — Street improvements including curb and gutter, sidewalk, storm drain/drainage improvements, ADA curb ramps, utility relocations, asphalt pavement, bike lanes, striping, markings and signage, and associated street improvements.
SECTION II. OBLIGATION OF BOTH CITIES
A. Both Parties agree to cooperate in a joint effort to complete the Project improvements in a timely and efficient manner to the benefit of results to both communities.
B. Both Parties agree to cooperate in efforts to obtain additional State and Federal funding where practically for mutually beneficial, planning, transportation and park related improvements.
2 -45-
C. Both Parties will strive to meet all timeframes set forth in this Agreement, recognizing certain delays may be unavoidable. The Parties agree to notify each other promptly in the event a situation occurs that will cause delay.
D. Both Parties agree to fund the right of way acquisition required for the Project within their own jurisdiction. Total Project estimates reflected in Sections III and IV below include right of way estimates, however actual costs may vary. Any variance related to right of way costs will be borne by or result in a savings to the respective city.
E. Both Parties agree to negotiate and consider a separate agreement for the master planned improvements to County Line Road, between the I-10 Freeway and the Easterly Beginning of Curve (BC) of the intersection with Calimesa Boulevard. This separate agreement will identify the terms, conditions and fair share obligations for those improvements.
F. Both Parties agree to negotiate and consider a separate agreement for the preparation of the Interstate 10 Interchange at County Line Road Project Study Report -Project Development Support (PSR -PDS). This separate agreement will identify the terms, conditions and fair share obligations for the preparation of the PSR -PDS.
SECTION III. OBLIGATIONS OF CALIMESA
A. Calimesa shall serve as the lead agency for the SB 1 Local Partnership Program Grant Project soliciting Requests for Proposals for special consultants, as required, and awarding contract(s). The Project Scope of Work, as identified in Section I and Exhibit "A", includes the preparation of plans, specifications and cost estimates (excepting the segment between Park Avenue and up to and including the 5th Street Intersection shown as LPP-1 and LPP-2 on Exhibit B); preparation of required environmental documents; the identification and acquisition of the necessary rights-of-way (excepting the segment between Park Avenue and up to and including the 5th Street Intersection shown as LPP-1 and LPP-2 on Exhibit B); preparation of bid documents and advertising of bids; construction inspection and management; and project administration.
B. Calimesa shall provide the services of the City Engineer (known as Project Engineer) for the purpose of certifying plans, providing cost estimates, inspections, maintaining all records and providing all reporting as required by the California Department of Transportation (Caltrans), approving all change orders and/or stop notices, and all other work necessary to complete the Project. The Segments may be constructed under one or more contracts in accordance with State law.
C. Calimesa shall provide the services of a Project Manager for the purpose of administering the Project and coordinating the activities of Cities, consultant(s), contractor(s), permitting agencies, and Caltrans.
D. Calimesa shall provide Yucaipa an opportunity to review and comment at all stages during the design of each Segment of the Project.
E. Calimesa shall require consultant(s) and contractor(s) to purchase and maintain the insurance specified in Exhibit "C" naming the Cities of Calimesa and Yucaipa as additional insureds with such insurance as primary to any insurance of either City. Calimesa shall require the contractor(s) to furnish performance and payment bonds as required by State law. Calling of the 3 .o
bond(s) or use of any proceeds will be initiated by Calimesa at the direction of the Project Engineer).
F. Calimesa shall require the contractor(s) to furnish in advance of the "Notice to Proceed" a traffic control plan(s) mutually agreeable to both Cities.
G. Calimesa shall expend funds as required for the Project. Cities shall be responsible for all Project costs within their own jurisdiction. Approximate project percentages per jurisdiction is identified on Exhibit `B". Calimesa shall be responsible for the SB 1 2018 Local Partnership Program Grant approved for County Line Road of $3,747,000. Under no circumstances shall the total Project cost of all phases exceed $13,600,000 without an amendment to this Agreement.
H. Calimesa shall obtain approval from Yucaipa for each bid package prior to bidding a phase of construction.
I. Calimesa shall allow Yucaipa to inspect all work within the City of Yucaipa's jurisdiction throughout the Project's term and to conduct a final inspection of the improvements prior to the recordation(s) of a Notice of Completion(s) for the improvements by Calimesa.
J. Calimesa shall obtain approval from Yucaipa before issuance of any change orders or stop work orders that could potentially affect Yucaipa's cost. This approval will be assured by requiring the Project Manager or Project Engineer to approve all change orders or stop work orders.
Yucaipa will be made aware of situations where time is of the essence in order to avoid potential delay costs and, in upon such notice from Calimesa, Yucaipa's review time will be shortened to one (1) business day or the request will be deemed approved.
K. Calimesa shall withhold retention funds from the contractor(s) according to State law.
L. Calimesa shall submit to Yucaipa, on a monthly basis, a status of the work completed to date accompanied by a detailed listing of expenditures of the current month and total spent to date. This will also include a fair share project invoice to Yucaipa if appropriate.
M. Following the recordation of a Notice of Completion, Calimesa shall provide a final accounting of all costs incurred associated with the project as outlined in this Agreement. This accounting, based upon actual project costs, shall be used to determine any reimbursement required from Calimesa to Yucaipa or Yucaipa to Calimesa, and shall be completed no later than sixty (60) calendar days following said recordation.
SECTION IV. OBLIGATIONS OF YUCAIPA
A. Yucaipa shall remain the lead agency with regard to the improvements in the Prior "Agreement" approved on March 5, 2018 for the segments shown as E and F on Exhibit B.
With relation to the SB 12018 Local Partnership Program Grant funded improvements as reflected in Section III A. of this Agreement, the following shall apply:
B. Yucaipa shall provide the services of its City Engineer for the purpose of certifying plans and as -built plans, reviewing cost estimates, inspections and records as required for each Segment of the Project.
0 -47-
C. Yucaipa shall complete the review and provide comments on all plans, specifications, cost estimates and other documents provided by Calimesa within five (5) working days of receiving the review request from Calimesa or the submittal will be deemed approved. In situations where time may be of the essence and in order to avoid delay costs, Yucaipa will be made aware of those circumstances and the response time will be shortened to one (1) business - day.
D. Yucaipa shall be responsible for the preparation of plans, specifications and cost estimates; and the identification and acquisition of necessary right-of-way for the segment between Park Avenue and up to and including the 5th Street Intersection.
E. Yucaipa shall identify the source of funds and authorize the expenditure of up to $7,242,000 for payment of their share of improvements on this Project, as identified in Exhibit "B". All costs associated with Section IV D above as well as right-of-way for all other Yucaipa segments, which is estimated to be $2,279,930, which includes the $259,390 referenced in Section IV E, 1, c below, shall be applied to Yucaipa's share of improvements on this Project. This results in a net estimated fair share to be paid to Calimesa in the amount of $4,962,070. Payment of funds from Yucaipa to Calimesa shall be as follows:
1) Yucaipa shall deposit $435,000 to Calimesa within thirty (30) calendar days from execution of this Agreement by both Cities. This amount shall be the total Yucaipa share for Project Approval and Environmental; Plans, Specifications and Cost Estimates; and is calculated as follows:
a. $ 693,000— Yucaipa share for Project Approval and
Environmental; Plans, Specifications and Cost Estimates as identified in the 2018 Local Partnership Program
Application (LPP Application);
b. Minus $258,000 for the cost of Plans, Specifications and Cost Estimates for the segment from Park Avenue up to and including the 5th Street Intersection (as identified in the LPP Application) to be performed by Yucaipa.
c. Yucaipa shall pay "fair share" invoices submitted by Calimesa for the construction phase of the project (including Construction management, inspection, soils and survey)
within thirty (30) days of receipt. Yucaipa's total share of construction as reflected on "Exhibit B" is estimated to be $4,530,000.
F. Under no circumstances shall Yucaipa's cost exceed $7,242,000 without an amendment to this Agreement. However, it is understood that design and construction costs may escalate and that it is difficult to predict what the actual costs may be at this time. Consequently, both Parties agree to periodically review, at each phase of the projects, the estimated costs and adjust the fair share costs for the Project as needed and update said costs in the same fair share percentages prescribed herein.
G.
5 SECTION V. MISCELLANEOUS
A. Notices. All notices, demands, requests, consents, approvals, or communications from one Party to another shall be personally delivered or sent by facsimile or e-mail to the persons set forth below and shall be deemed given one (1) business day after it is sent. Alternatively, it shall be deemed given five (5) calendar days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as either Party may from time to time specify to the other parties in writing:
To Calimesa: City of Calimesa
908 Park Avenue
Calimesa, California 92320
Attn: City Manager
Fax: 909.795.4399
E-mail: [email protected]
To Yucaipa City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Attn: City Manager
Fax: 909.790.9203
E-mail: [email protected]
The Parties agree to accept facsimile or scanned signed documents and agree to rely upon such documents as if they bore original signatures. Each Party agrees to provide to the other parties, within seventy-two (72) hours after transmission of such a facsimile or scan, the original documents that bear the original signatures.
B. Amendment. This Agreement may not be modified or amended, nor any provision or breach waived, except with approval of both Parties in a writing signed by both Parties which expressly refers to this Agreement.
C. Venue. The venue of any action or claim brought by any Party to this Agreement shall be either the Superior Court of California, County of San Bernardino, San Bernardino District, or the Superior Court of California, County of Riverside. If any action or claim concerning this Agreement is brought by any third -party and filed in another venue, the Parties hereto agree to use their best efforts to obtain a change of venue to either the Superior Court of California, County of San Bernardino, San Bernardino District, or the Superior Court of California, County of Riverside.
D. Neutral Interpretation. Cities have each cooperated in the drafting and preparation of this Agreement and in any construction to be made of this Agreement, the same shall not be construed against either Party to this Agreement in the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein.
E. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument.
F. Term. Except as otherwise provided in Subsection (C) and (E) of Section IV, this Agreement shall terminate ninety (90) days after completion and acceptance of the final accounting 6 of the contracts of all Segments of the Project (as identified in Section II) by both Cities, or as mutually agreed to by both Cities in writing.
G. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California.
SECTION VI. MUTUAL INDEMNIFICATION
A. Neither Party to this Agreement nor officers nor employees thereof shall be responsible for any claim, lawsuit, damage or liability occurring by reason of anything done or omitted to be done by the other Party to the Agreement under or in connection with any work, authority, or jurisdiction not delegated to the parties under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, each Party shall fully defend, indemnify and hold the other Party harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done under or in connection with work, authority, or jurisdiction of that Party under this Agreement.
B. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any other costs and relief, be entitled to reasonable attorney's fees. Both Parties agree to submit any unresolved issues to binding arbitration, upon terms to be negotiated and agreed upon between the Parties.
IN WITNESS THEREOF, the parties hereto have authorized this Agreement to be executed by their respective officials thereunto duly authorized.
ATTEST: CITY OF CALIMESA
A Municipal Corporation
Darlene Gerdes, City Clerk Date William Davis, Mayor Date
CITY OF YUCAIPA
ATTEST: A Municipal Corporation
Jennifer Crawford, City Clerk Date Raymond A. Casey, City Manager
7 -50-
Date
EXHIBIT A-1
r /� i>. y �y ,7' i sa ��"� • .''i' i �;`. �• 3a +"• i m`«rrinr _ � -•," �. .. xr crnw Tarr
• --n*� I - +i , • L14-
PP -2`
• 1 ` �,. 1 �rll♦ LPP-1 it
.� t may. a _ '��' :r •� . '�y` ".,
f n d. i
49 4
e= �� " ,y� � �a 11 � • r 9e .. I � _ �+ P •� 'e+' �i_ X , t" * +i
IZ. mss,\\' [y9�> ♦�- `'� 1• ,� ,•" , "p�'1. �� $rMr' '�. T AVIIA '4,_-cwr
�a � "• !: �i � \�\ y' Gi.� . _—,-� `_ �`��.'�1 �4 i i� � r�.-�{y�_1'• �� �r���♦_. �'�. \\\ �.-. T '` r �,"�N'I♦ .f � 1,?Ii���,,.1 1��1 `ill �__ ''�1�1 �vmwsc v �� • • r 7—. +`•. , i h .w • `� ` t �. •. ,„r-^pQ.�i 9. • .i . • ATP FlXOtKi,� � I� �' � , , 7 • • -;, fes._. _ _`{ lPP F�UrDlJ4 � FUrDNQ AREA } - A • LPP FiJNDNQ AREA � — ! ., � ATP FUNCING AREA !� AREA AREA i� -� • �� '� i I s ..> r ._..� �.�' r „, sl .± , _cam, �_--�-._ �•� 31P.
wt �'� �• -�� - �`cnuNnu�m—.-- __.:._ . _ tai
sA.
PP Y ♦r �r �_r' _ � r2
.•�• �:..LPP-6 ..
♦ `
-.� LPP 3 ak . _'c
LPP 4
" ATP FUNONQ AREA t LPP RIPDINQ AREA t �* ' �aA
�.
•
.... i
. u'I _ • � _ •'j *♦,i���l!'r � �t� I i�� LEGEND: EItIST, STORM CHANNEL/CREEK �• '� .A �' "Y
m1 r t6► - '� COUNTY BOUNDARY
-- ,.`_� ••_Z! _ - � Q lPP BINDING ARTA
° � � • « M Y LPP
LPP9 7 �• LPP-8 - — - Cr Y OF CALLES
1 III
i � I• � A ... - �y ' , � _F -.-r _ 4 • 1 � Txi,WC1ERTT a•- eb •fy r;, i - - — e • COUNTY UNE ROAD,
,i _ ■..-e _ti.,are ,.�, _.-_ �: '"10 -_' 1160 ,. - 1�'4 ... wi•�.•. TRANSPORTATION CORf -51-
County Line Rd, California St to Bryant St
County Line Rd and California Street
County Line, 4th Street to 3rd Street
County Line Rd, 5th Street (Mid Block) to 4th Street
1i) County Line, Park Avenue to 5th Street
Ill County Line and 5th Street
County Line and 3rd Street
County Line and 2nd Street
County Line and Bryant Street
County Line, 4th Street to Calimesa Blvd (MSRC)
County Line, 3rd Street to California Street (ATP)
121 County Line Rd, 1-10 Fwy to easterly of Calimesa
Boulevard Intersection (SAFETEA-LU)
(z) County Line Rd/1-10 Fwy Interchange
EXHIBIT B-1
CALIMESA BOULEVARD TO BRYANT STREET
G
H
Total for All Segments
13) Sub -Total for Segments A -F (Existing Agreement)
Sub -Total for LPP Segments
(1) Yucaipa Only Project
(2) Per Separate Agreement
(3) The LPP Grant revised each City's local match contribution $978,229 $279,634 $698,595 $8,185,689 $818,569 $880,000 $9,884,258 $418,679 $119,843 $424,092 $4,230,433
$978,229 $279,634 $698,595 $9,884,258
$3,987,156 $5,897,102 $13,569,366
$1,443,152 $2,787,281 $8,107,648
$3,987,156 $5,897,102 $13,569,366
Re422/23/2022
$892,000 $1,647,002
$2,099,998
$3,747,000 $6,137,258
$892,000 $605,161
$998,544
1,603,705 4,034,728
$0 $1,647,002
$2,099,998
$3,747,000 $6,137,258
44%
56%
Total LPP Grant Amount
$3,747,000
$1,647,000
$2,100,000
Calimesa Total
Calimesa
Yucaipa share
Actual
Calimesa
Yucaipa share
Total
% of Actual
Funding
Yucaipa Total
Actual
share Total
Total
Actual
Construction
Actual
Actual Total
share of Total
of Total
Estimated
ATP/MSRC
Total
Construction
Contribution
Funding
Yucaipa Total
Env./PS&E
Env./PS&E
Env./PS&E
Construction
Contingency
Estimated
Construction
Construction
Construction
Project
Grant Funding
Construction
Calimesa Share of
Yucaipa Share of
Total LPP-SB1
Local Match
for
Contribution for
Funding
Segment
Cost
Cost
Cost
Cost
(10%)
CM Cost
Cost
%
Costs
Costs
Cost
Amount
Cost
LPP-SBS Grant
LPP-SB1 Grant
Grant Amount
Amount
Construction
Construction
Contribution
LPP-8
$148,636
$39,948
$54,901
$1,249,759
$124,976
$127,120
$1,501,854
18.831/.
$750,927
$750,927
$2,061,785
$0
15.19%
$304,027
$265,307
$569,334
$932,520
$219,323
$488,017
$542,917
LPP-7
$95,218
$39,948
$54,901
$800,607
$80,061
$81,434
$962,102
12.07%
$481,051
$481,051
$1,320,798
$0
9.73%
$201,720
$163,000
$364,721
$597,381
$219,323
$488,017
$542,917
LPP-4
$150,900
$39,948
$54,901
$1,268,791
$126,879
$129,055
$1,524,725
19.12%
$762,363
$762,363
$2,093,182
$0
15.43%
$308,362
$269,642
$578,004
$946,721
$219,323
$488,017
$542,917
LPP-3
$108,799
$39,948
$54,901
$914,798
$91,480
$93,049
$1,099,327
13.79%
$549,663
$549,663
$1,509,184
$0
11.12%
$227,731
$189,011
$416,741
$682,586
$219,323
$488,017
$542,917
LPP-1
$55,998
$0
$54,901
$459,159
$45,916
$60,743
$565,817
29.62%
$0
$565,817
$776,768
$0
5.72%
$0
$214,494
$214,494
$351,323
$0
$351,323
$406,223
A / LPP-2
$133,026
$0
$259,390
$1,090,755
$109,076
$144,297
$1,344,128
70.38%
$0
$1,344,128
$1,845,254
$0
13.60%
$0
$509,542
$509,542
$834,586
$0
$834,586
$1,093,976
B / LPP-5
$95,218
$39,948
$54,901
$800,607
$80,061
$81,434
$962,102
12.07%
$481,051
$481,051
$1,320,798
$0
9.73%
$201,720
$163,000
$364,721
$597,381
$219,323
$488,017
$542,917
C / LPP-6
$95,218
$39,948
$54,901
$800,607
$80,061
$81,434
$962,102
12.07%
$481,051
$481,051
$1,320,798
$0
9.73%
$201,720
$163,000
$364,721
$597,381
$219,323
$488,017
$542,917
D / LPP-9
$95,218
$39,948
$54,901
$800,607
$80,061
$81,434
$962,102
12.07%
$481,051
$481,051
$1,320,798
$0
9.73%
$201,720
$163,000
$364,721
$597,381
$219,323
$488,017
$542,917
E
$1,100,000
$380,000
$720,000
$252,000
$0
F
$1,200,000
$512,000
$688,000
$344,000
$0
G
H
Total for All Segments
13) Sub -Total for Segments A -F (Existing Agreement)
Sub -Total for LPP Segments
(1) Yucaipa Only Project
(2) Per Separate Agreement
(3) The LPP Grant revised each City's local match contribution $978,229 $279,634 $698,595 $8,185,689 $818,569 $880,000 $9,884,258 $418,679 $119,843 $424,092 $4,230,433
$978,229 $279,634 $698,595 $9,884,258
$3,987,156 $5,897,102 $13,569,366
$1,443,152 $2,787,281 $8,107,648
$3,987,156 $5,897,102 $13,569,366
Re422/23/2022
$892,000 $1,647,002
$2,099,998
$3,747,000 $6,137,258
$892,000 $605,161
$998,544
1,603,705 4,034,728
$0 $1,647,002
$2,099,998
$3,747,000 $6,137,258
44%
56%
Total LPP Grant Amount
$3,747,000
$1,647,000
$2,100,000
$1,535,260 $4,602,026
1,492,071 2,298,636
$2,475,675 $4,602,026 $5,300,621
Yuc R/W Costs $1,941,379
Total Yucaipa Fair Share $7,242,000
Exhibit C-1
Insurance Requirements for Contractors
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Indemnification
The Contractor shall indemnify and save harmless the City of Yucaipa, and the City of Calimesa from all claims or suite for damages arising from the prosecution of the contract work, as more fully described in Subsection 1-09.9, "Contractor's Liability".
The Contractor agrees to protect, defend and indemnify the City of Yucaipa against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of, or in consequence of, the performance of all, or any, operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage [Occurrence Form CG0001 ].
2. Insurance Services Office Form Number CA 0001 [Ed. 1/87] covering Automobile Liability, Code I [any auto].
Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Course of Construction insurance covering for "all risks" of loss.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for d\bodily injury and property damage.
-53-